June 23, 2009
Mark Rauch's Tenant Rep Times
Southern California Tenant Representation     
Intelligence   Integrity  Focus                                         
 
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           Downtown Los Angeles Cityscape Sunset  
            People Seldom Become Famous For What They Say Until They
               Are Famous For What They've Done.     Cullen Hightower  
In This Issue  
 

25 COMMON LEASING MISTAKES
 
39 RULES OF SALES SUCCESS-PART 3
 
ANNOUNCEMENT   
 
THIS WEEKS RESOURCE
 
POSITIVE MARKET BRIEF 
 
FREQUENTLY ASKED QUESTIONS
 
ARCHIVED NEWSLETTERS
 
Announcement
I'd really enjoy hearing from you - let's sit down for a cup of coffee or at the very least talk by phone for a few minutes.  I'm interested to hear your thoughts and happy to share my thoughts and experiences with you.  It's my goal to provide you with preeminent Tenant Representation services! 
 
This Weeks Resource 
iStockPhoto®
Getting cheap royalty-free graphics for your commercial real estate brochures and flyers - even your website or BLOG - starting as low as $1:
www.istockphoto.com

Positive News Brief
From Reuters:
 
Discounter Wal-Mart Stores Inc says it will add more than 22,000 jobs in its U.S. namesake stores in 2009. The forecast points to lower growth compared with last year, as the world's biggest retailer opens fewer of its U.S. Wal-Mart discount stores to focus on expansions and renovations.
Last year, the company created 33,800 U.S. jobs, though that figure also included new jobs at its much smaller Sam's Club members-only chain of warehouse stores.
Wal-Mart has gained market share despite the poor economic climate as shoppers seek out its low prices on everything from food to electronics.
But the retailer has not been immune to the downturn. At an October analyst meeting, executives said the company would slow expansion of new U.S. Wal-Mart supercenters to focus instead on spiffing up existing stores.
Last October, Wal-Mart announced plans to open 157 to 177 new or expanded stores and clubs during the current 2010 fiscal year in the United States.  Wal-Mart said the new positions will be in all levels of retail operation, including cashiers sales, store management to pharmacists and other positions.  Benefits, including affordable health plans that offer customized health coverage options, will be available to full- and part-time
associates, the company said.  The announcement comes as the retailer readies for its annual shareholder's meeting.
 
Frequently Asked Questions
  
Question:  Mark,  
why are all these brokers contactng me?
 
Answer:  Tenant lease information, including lease expirations, are now fairly public and available through online databases and lead generation services.  Real estate brokerage companies also compile this information as part of their everyday deal-making and property management activity. Real estate brokers depend heavily on lease expiration information to rifle-approach their marketing activity for leasing representation. Think about this in your business. Wouldn't it be wonderful if you could know exactly when a "buying decision" was REQUIRED to be made for your product or service? And you could focus solely on those HOT PROSPECTS which may consider your product or service? In real estate, and in particular office leasing, the tenant lease expiration is a major financial juncture where you will be obligating in one way or another to a commitment to lease office space - either short-term, long-term, relocation, expansion or contraction. Even if you believe remaining at your present location is likely, all the brokers will work to have you hire them to handle the transaction as well. Other buildings eager for new tenants will send in their real estate agents to steal you away from your present landlord.  So, like it or not, they are just starting long before you want to.  With the leasing process taking a year to complete, and with renewal option language sometimes requiring 6-9 months prior notice, you actually HAVE TO deal with the leasing decision long before you THINK you must. Brokers do this every day of the year.  You do it once in a blue moon.  This is why all the contact by brokers appears to be overwhelming.  But, you can convert the fire-hose of contacts into extremely valuable information and leverage for you.  The only thing missing is YOUR ability to screen and qualify the professionals from the pack; the experts from the B-Players; the high-value tenant reps from the generalists; the highest level of services from the agents who "just do deals"; the specialists who represent just tenants from the agents who represent landlords; and agencies which also represent landlords and developers of industrial and retail estate while representing tenants. 
Here is a good check list to use to scrub all the input, calls and material you receive from real estate brokers. Then, select the one firm which passes muster in all categories - separating the wheat from the chaff.  There are just too many generalists and conflicts.  Your job is to select the specialist with the most services, with zero conflicts of interest, at no cost to you - to hire the best in class. 
 
Broker Scrub System
Collect all the information from all the real estate agents, including their marketing material and details from their website.  As you go through the list below, set aside those brokers that do not meet the criteria and those that do.  This is the list you will use to select an appropriate professional.
 
Company must be Subject Matter Experts in Office Tenant Representation
 
Must not take listings
 
Must not have an ownership in or close relationship with a developer of any kind of real estate
Must have no other conflicts of interest
 
Must have capacity to develop workplace efficiency
 
Must have capacity to develop space planning, test fits and construction drawings
 
Must have, the ability to fully vet building technical differences
 
Must have capacity to develop preliminary construction cost estimating, at no cost to me
 
Must have capacity to provide cost comparison financial analysis
 
Must not simultaneously work in multiple, disassociated disciplines like land sales
 
You as the tenant are owed the highest and best service 

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MARK DAVID RAUCH
Greetings!
Welcome to the "Tenant Rep Times".  You are receiving this edition of my eNewsletter because you  rent or own commercial office space and are either my client or a potential client.  I trust you will enjoy this issue and get a "gem" or two out of it.   
 
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Thank you for taking the time to spend a few minutes with me.

Sincerely, 
 
Mark D. Rauch                               
Senior Vice President
Travers Realty Corporation
Direct: 213-430-2469
Mobile: 818-943-2959
 
25 Common Leasing Mistakes
By Mark D. Rauch
 
1.      Not Allowing Enough Time
Facility research, property inspections and comparison analysis can usually be completed in a week or so by motivated companies already familiar with the local market. However, those tasks are only the tip of the time drain. There are several other commonly overlooked factors that need to go into the relocation timeline: a) Negotiations with the Landlord and preparation of the lease can take weeks, (even months).  b) Once the Lease is signed the interior usually needs to be finished or renovated, which can take one to two months.  c) Before renovations can begin, building permits need to be obtained which can take one to two months, and more.  d) Before permits can be obtained, architectural plans must be completed, and may take one to two months.  e) If existing facilities cannot be found which are acceptable, new construction can easily take 9 to 12 months or longer.
 
Bottom line: 6 - 18 months depending on the required square footage is a good time frame to use when looking for new facilities.  This assumes the space is not going to be taken as-is, which is possible, but unlikely.
 2.      Neglecting Long Term Priorities
Owners who think only about solving immediate needs face expansion problems very soon again! In addition to evaluating short term needs relative to square footage requirements (number and size of rooms), type of floor plan (open, private, or a mixture), communications needs, parking needs, access and security needs, etc., be sure to factor in long term needs. By obtaining facilities and lease terms which will allow the company to expand, downsize or relocate as circumstances dictate, business owners can avoid the unnecessary headaches, loss of business and costs associated with relocating. Examples of such important lease clauses include: a) Expansion Right obligates the Landlord to provide Tenant with more space should it become necessary.  b)Cancellation right (commonly referred to as a "kick-out" clause) allows the Tenant to break the lease under certain conditions such as when the Tenant needs to expand and the Landlord cannot provide them additional space on the premises.  c) Extension right is similar to an option, and allows the Tenant to remain in the premises (a right of first refusal is a type of extension right).  d) Sublet right gives the Tenant flexibility in that if it must relocate, it may sublease the space and mitigate the economic pressure.  After discussing the company's immediate needs and long terms goals with senior management in all departments, have you leasing expert arrange meetings with space planners/architects to determine the most productive combination of office size and layouts (modular furniture, hoteling, size, amenity requirements, etc.).  Your leasing expert should show you those facilities which are flexible enough to service future needs, and negotiate certain lease clauses which will become a part of the lease document.
3.      Inadequate Representation
Unless someone in the company is already an expert in commercial real estate, most business owners cannot afford the time necessary to learn this complicated industry. Lack of knowledge combined with time pressures can cause unrepresented owners to make location decisions without being aware of ALL the choices, and make costly errors that cut into their profits and increase their financial exposure.  An experienced and specialized Tenant Rep counterbalances the Landlord's professionals, and will insure that the Tenant receives the best possible rates, terms, incentives and lease clause protections. Incredibly, this valuable service may cost the business owner nothing, since Tenant Reps usually share in the Leasing fees paid by the Landlord.  Using the wrong broker may lead to incomplete information, or conflicting loyalties because of hidden agendas or Landlord relationships.  Business owners who do not use a Tenant Rep will likely not be aware of all the possible facility choices. This is because an experienced Tenant-Rep broker has developed an extensive network, and commonly finds facility choices which are not yet vacant or on the market.  Tenants should also keep their broker involved in the expansions, contractions, renewals and extensions that occur during the lease to prevent uninformed decisions that lead to lost opportunities.
4.      Lease Commencement Date Is Not Tied To Building Completion
This has been a disaster for many inexperienced Tenants who found that unexpected delays in the planning, permitting and construction stages ate into their rent-free build-out period and caused budget nightmares.  Suggestion: Tenants should always propose a clause to the lease which provides for an extension of the lease commencement date if pre-opening delays are encountered which are beyond the control of the Tenant. Your professional can suggest some good lease language.
5.      Underestimating The Condition Of The Premises
Tenants who take a property "as-is" put themselves at great risk. Even when the space looks fine and has been previously occupied, building codes may have changed or the unit's infrastructure may be broken or inadequate.  Suggestion: It is best to have the Landlord guaranty the space is up to current building, fire, safety, zoning and ADA codes. It is also good to have the Landlord guaranty the condition of the electrical, plumbing, heating and air-conditioning systems for the first 60 to 90 days (if not the entire term of the lease).
6.      Using The Landlord's Professionals
Tenants should use architects, general contractors, legal counsel and Tenant Reps under their control to create and review the various space plans, specifications, costs and documents. Otherwise, Tenant may receive inferior designs and/or fixtures that are less efficient and may dramatically increase yearly operating costs.
7.      Misunderstanding The Tru Space Costs
Business owners who are inexperienced with commercial real estate are often unable to perform true "apples to apples" analysis when comparing different facility choices. It can be complicated, even for the pro, to compare the different lease types such as: Full Service, Gross, Semi-Gross, Net, Triple Net, etc. Additionally, each Landlord's interior finish levels, Tenant Improvement (TI) contributions, lease incentives and a myriad of other factors need to be part of the comparison equation. This confusion leads many owners to make less than optimum decisions.
8.     Paying To Much Rent
Companies which do not obtain accurate, current market research may pay too high a rental rate. Landlord "flexibility" changes constantly depending upon many factors including current occupancy rates in both their building and the competition, lease length, tenant's use, parking requirements, financial strength of tenant, etc. Negotiations are especially important with lease renewals, since Landlords are most competitive when the space is placed on the open market.
9.      Not Enough Landlord Incentives
Due to a lack of experience, Tenant did not obtain as many incentives as they might have been able to negotiate. Typical incentives include periods of free rent both before and after lease commencement, discounted rent for various time periods, Landlord contributions to tenant's build-out costs, landlord improvements to the space, limits on future rent increases, etc.
10.     No Outside Incentives
When a company relocates it may be possible to obtain substantial economic incentives from local government. These incentives include tax rebates, relocation assistance, payroll subsidies during employee training, infrastructure improvements and others. Many times the statutory incentives can be negotiated up very substantially, and an inexperienced company may leave millions of dollars on the table. 
11.  Tenant Performs The Buildout
It may be better to have the Landlord perform actual build-out work, so that unexpected problems or delays will be the Landlord's cost.   When it is appropriate for the Tenant to perform the build-out, have the lease provide for an extension if delays are encountered which are not the fault of the Tenant, and extra Landlord monetary contribution if unexpected repairs are required (termites, code violations, etc.).  
12.  NO Limit On Personal Guaranty
Many times it is possible for the Personal Guaranty to expire "x" months after lease commencement, or provide a specific dollar amount of guaranty. Although not as beneficial, it may be possible to provide that Tenant will personally guaranty a set number of months or years, commencing upon default by Tenant.  
13.  Limit On Future Flexibility And Company Growth
How fast is the company going to grow? Will it be necessary to downsize? How likely is a new partner or merger?  These situations, and more, indicate the Tenant's need for as much flexibility as possible. Tenants should work with experienced professionals to insert language into the lease which will allow a cancellation or modification of the lease under certain circumstances. 
14.  Limit On Future Flexibility And Product Growth
Will the company want to carry a new product line or install a new technology? Will a neighboring Tenant vacate (or move-in) which impacts the business? Tenants should be cautious with their "Use Clause" since these clauses can be very specific as to what goods and services the Tenant will provide, and may prevent a Tenant from offering a very lucrative product or service in the future which has not yet been invented! 
15.  Choosing The Wrong Location
Tenants who do not know the local market may locate into a declining area, making it impossible to hire and retain the highest quality employees. 
16.  Being Penny Wise And Pound Foolish
Retail tenants who choose locations in un-anchored properties to obtain lower rental rates. Traffic and subsequent sales volumes are dismal, and tenants fight a losing battle. 
17.    Hamstrung By Yesterdays Technology 
The office building is not set up with the newest in telecommunications and data cabling, such that Tenant cannot benefit from today's technology. Business is lost to competitors which can offer better service to clients.
18.  Take Too Much Space
Tenant did not use their own space planner and leased offices which were too large or had an inefficient floor plan. 
19.  Space Was Measured Incorrectly
Tenant did not verify the Landlord's dimensions and figures and paid rent on "phantom" space. 
20.  Unnecessary Security Deposit  
Landlord asks for Security Deposit as standard procedure.  Security deposit may not be necessary depending upon Tenant creditworthiness and/or build-out requirements.
21.  Narrow Search
Tenant limits its geographic area of interest too severely, and does not complete adequate market education resulting in lost opportunities. 
22.  Hold-Over Penalty Is To High
Standard hold-over penalties in first draft lease agreements are typically far higher than necessary. 
23.  Not Reviewing The Lease Often Enough
Tenants miss notification dates, resulting in automatic renewals, loss of option period, or other penalties. 
24.  Poor Design
Tenant made poor choices during interior design stage because of focus on "least initial cost" instead of "lifetime operating costs". Many times upgraded lighting, windows, insulation, etc. can make very dramatic improvements in employee productivity, operating costs, and business security. Your professional should be able to discuss the latest in facility design, materials and technology. 
25.  Poor Planning
Natural catastrophe occurs and electric power is lost for an extended period of time. Tenant is out of business, and loosing clients at a rapid rate. Proper planning and/or proper design can eliminate potential business disasters. 
 
An experienced Tenant Rep will analyze all location alternatives, negotiate incentives, recommend appropriate specialists and stay with you throughout the entire process and beyond.
39 Rules Of Sales Success-Part 3

By Mark D. Rauch
 
You are responsible for your own success (or failure). Following the fundamental rules of selling success will lead to sales success faster than anything else.
 
In part 3 of this article, I will reveal the final 13 rules.
Here they are:
1.    Get the "Meeting"
The goal of prospecting is to get new clients; but you only want to meet with pre-qualified prospects. If you aren't superb at qualifying, it is worth your time to improve this skill; it will save you lots of time in the long run.
2.    Follow Up, Always
Please make this a habit. The lack of follow-up is the number one reason assignments are taken away and given to another professional.  I have been unfortunate enough in my career to experience this and LEARN very quickly from this.
3.    Learn to Acknowledge Rejection
The goal of a good salesman is to get to a "no" and then be able to discern if it's really a "no" and you need to put the prospect in the "dead" file or if you need to persevere.
4.    Be Comfortable With Change
Change is part of today's business world so it's a good idea to get used to it. In fact, change is good!
5.    Follow Rules
This one is hard for me and I have had to work hard at getting better at it, but the truth is rules aren't just for others; they apply to you as well.
6.    Have a Team
Just like the saying "It takes a village to raise a child.", it takes a team to get a deal done nowadays. In my personal case, I am not referring to a team of brokers, but a team possibly including a lawyer, architect, space planner, assistant, marketing director, and so on. . .be resource rich with possible team members.
7.    Work Hard - Every Day
There is no shortcut to success. Successful people simply work harder.
8.    Take Responsibility
Take responsibility and fix the things that need to be fixed without placing blame or finger pointing.
9.    Know When to Be Persistent
The key is to know when to persist and when to back off. You learn this with experience.
10.Develop Your Success Formula Through Numbers
Determine how many leads, calls, appointments, proposals, presentations and so on that you need in order to land a client and ultimately a commission.
11.Be Passionate
Be the best and do what you love. Sales, service, consulting, whatever.
12.Be Memorable
Create great memories for your prospects and clients through superb service and follow up.
13.Have Fun!
This is one of my top values (and hardest to maintain) - I like to have fun with my work!
 
Success is being confident and performing at your best, resulting in winning experiences. Failure is a simple lack of good planning and execution.
My focused speciality is solely driven to advocate the office space interests of Southern California-based corporations and professional services firms in leasing and purchasing negotiations of all types-renewals, relocations, renegotiations, recasting, subleasing, terminations and investments on a local, regional, national and international basis through a network of offices in 200+ markets around the world.
 
Assignments range from single office lease transactions to national and multi-national real estate portfolios.
 
It is my sincere desire to develop meaningful, long term relationships as your trusted Tenant Rep Consultant and friend.
 
Regards, 
 
Mark
Mark David Rauch
Senior Vice President
Travers Logo
550 South Hope Street, Suite 2600
Los Angeles, CA 90071
Direct: 213-430-2469
Mobile: 818-943-2959